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Velen Med. Supply, Inc. v Progressive Ins. Co.
2011 NY Slip Op 52136(U) [33 Misc 3d 140(A)]
Decided on November 17, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 17, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : STEINHARDT, J.P., PESCE and WESTON, JJ
2010-1986 K C.

Velen Medical Supply, Inc. as Assignee of SATIRE K. GUMBS, Respondent,

against

Progressive Insurance Company, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered March 2, 2010. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,816.


ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

For the reasons stated in Alrof, Inc. as Assignee of Alex Gutierrez v Progressive Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-2120 K C], decided
herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: November 17, 2011